Air Canada: Legal Facts - May 23, 2012

May 25, 2012 at 2:00pm

Legal Facts is a bulletin used to communicate to CAW members at Air Canada an understanding of the types of grievances filed, as well as to describe Arbitrator Teplitsky’s orders to resolve them. What follows are summaries of grievances that have system wide implications.

Wait listing vacation requests: Policy Grievance P-ACC-02-12

In a recent arbitration we dealt with an issue of the application of wait listing vacation requests.

The company's position was that, in call centres, the practice was always to only allow a change of vacation if the member would move their entire block of vacation they in order to move to a vacant slot. Their argument was based on past practice and had no articles in the collective agreement to support their position. They were prepared to recognize the union's position for airport locations and then change call centres' to the same position effective 2013 but stipulated that there should be a limit to the amount of splits per person.

The union's position was that while we recognized there had been a number of different practices in the past, we had worked diligently to standardize practices across the system.

Waitlist vacation was one of those issues where we looked at the different practices and tried to come to a resolve that took into account a number of the concerns raised.

The result was a change in language whereas we allowed wait listing of vacation in seniority order. However in fairness to junior members we gave preference to those giving up all or a portion of their first round bid over senior members giving up all or portions of second or subsequent rounds of vacation.

To further ensure fairness we limited the super seniority of giving up all or a portion of your first round to a one time shot. All other portions of the original first round would be treated solely on seniority.

The union argued that since discussion took place and the article was amended during bargaining then the company's position of past practice is no longer valid.

The arbitrator upheld the union’s position and the number of splits as a result of wait listing has been agreed to the number a member is allowed during the bidding process plus 1 more.

Requested time off (RO) on a statutory holiday: Policy Grievance P-ACC-01-12

We recently had an arbitration issue over the awarding of "day of RO" on a statutory holiday. The company had taken the position that those members that elected to take the General Holiday Option (GHO) would only be awarded RO after they had actioned any requests from those that did not participate in the GHO.

The company's rational was that since it is a statutory holiday, those entitled to stat pay would be given time off first, then they would entertain other requests. Their reasoning was also partly to save money as they would rather give time off to someone earning time and a half than to those at straight time.

The union's position was that the company had the ability to downsize the operation by utilizing Article 13. Article 13 allows the company, with at least 21 days’ notice, to advise which employees are not required as a result of downsizing on a statutory holiday. It further allows the company to downsize, within the 21 days, on a voluntary basis from those employees still receiving stat credits.

It was the union's position that once the company exhausted article 13 and still wanted to award time off on day of operation then article 7.08.03 would apply (procedures for time off of less than one (1) full shift will be developed at each location).

In essence it now became a day like any other day and the normal process for awarding time off would be utilized.

The arbitrator upheld the union’s position.

Toronto Island Airport Work: Grievance P-ACC-06-10

This grievance is still ongoing and the next schedule arbitration date is May 24, 2012. The union is hopeful this will be the last hearing day before a decision is made.